A threat or use of force by means of nuclear weapons that is contrary to Article 2,
paragraph 4, of the United Nations Charter and that fails to meet all the requirements of
Article 51, is unlawful;

D. Unanimously,

A threat or use of nuclear weapons should also be compatible with the requirements of
the international law applicable in armed conflict, particularly those of the principles
and rules of international humanitarian law, as well as with specific obligations under
treaties and other undertakings which expressly deal with nuclear weapons;

E. By seven votes to seven, by the President's casting vote,

It follows from the above-mentioned requirements that the threat or use of nuclear
weapons would generally be contrary to the rules of international law applicable in armed
conflict, and in particular the principles and rules of humanitarian law;

However, in view of the current state of international law, and of the elements of fact
at its disposal, the Court cannot conclude definitively whether the threat or use of
nuclear weapons would be lawful or unlawful in an extreme circumstance of self-defence, in
which the very survival of a State would be at stake;

There exists an obligation to pursue in good faith and bring to a conclusion
negotiations leading to nuclear disarmament in all its aspects under strict and effective
international control.

Done in English and in French, the English text being authoritative, at the Peace
Palace, The Hague, this eighth day of July, one thousand nine hundred and ninety-six, in
two copies, one of which will be placed in the archives of the Court and the other
transmitted to the Secretary-General of the United Nations.

(Signed)

Mohammed BEDJAOUI,

President.

(Signed) Eduardo VALENCIA-OSPINA,

Registrar.

President BEDJAOUI, Judges HERCZEGH, SHI, VERESHCHETIN and FERRARI BRAVO append
declarations to the Advisory Opinion of the Court.

Judges GUILLAUME, RANJEVA and FLEISCHHAUER append separate opinions to the Advisory
Opinion of the Court.